2 Amendments of Inés AYALA SENDER related to 2013/0028(COD)
Amendment 84 #
Proposal for a regulation
Recital 11
Recital 11
(11) In view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that Member States ensure an adequate level of social protection for the staff of public service operators. It is therefore essential to ensure that if a new company takes over a contract, it should maintain the staff employed by the company previously providing the service.
Amendment 267 #
Proposal for a regulation
Article 1 – point 3 – point b b (new)
Article 1 – point 3 – point b b (new)
Regulation (EC) No. 1370/2007
Article 4 – paragraph 5
Article 4 – paragraph 5
Paragraph 5 is replaced by the following: (bb) Without prejudice to national and Community law, including collective agreements between social partners, competent authorities shall require the selected public service operator to grant staff previously taken on to provide services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC. Where competent authorities require public service operators to comply with certain social standards, tender documents and public service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the services.